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The problem is that you can disclose only what you know first hand. My house is 90 years old - say, for instance, someone committed suicide or was murdered here in 1933 or 1944. I don't know anything about it, so I can't disclose it.
So perhaps your wife would be happiest with new construction.
Unless that building is freshly built and they cut the red ribbon themselves there is no guarantee a tragic death didn't occur in it. People die in all sorts of places, old and new.
In states I'm familiar with your agent, whether your own buyer's agent or if you're using the seller's agent, has to tell you your rights by giving you the law. Doesn't have to go further into investigations, etc.
However, if the agent knows something about the current physical condition, the agent has to answer questions honestly.
But in my experience, the law about volunteering only refers to the physical condition.
It doesn't refer to ghosts, deaths, murders, felonies, suicides, diseases. Although I think many states now have to reveal if the house was a meth house.
I guess as far as answering questions honestly when asked....that would cover the murders, etc.
But you need to look into each state's laws on realtor disclosure.
Yes, you are correct. Our TREC sellers's disclosure asks about non natural deaths. However the state only requires disclosing what you stated above. But if you don't disclose a death, and you know about ot, you can be sued under the DTPA, for 3 times the damages, because the buyer could claim you didn't tell them because you thought they wouldn't buy.
I bought, aND sold a home where a little old lady was killed by her son. I researched the issue a lot. AND dud disclose in mls, and sellers dusclosure. Sold house in 6 days with multiple offers.
Three times damages has been removed, just for the record. Just had my required legal update course.
The "spookiness" factor is not a consideration here in the states when it comes to mortgage lending. Only a few states have required disclosure laws, as I understand it:
California: Must disclose any death in a home in the last three years, whether by natural or unnatural causes. (Can't disclose AIDS, though). If a buyer asks about a time before 3 years, a truthful answer must be given IF KNOWN.
In Alaska or South Dakota: Only murders or suicides in the last year.
In other states, the information must be provided if the agent is aware of it AND if the buyers asks. In my state, Georgia, "an owner and agent are not liable for the failure to disclose a prior death in the home, but must answer truthfully to the best of their knowledge to any direct inquiry about an occurrence or the manner of death on the property. No cause of legal action shall arise against an owner or his agent for the failure to disclose the fact or suspicion that such property was the site of a homicide, other felony, suicide, or a death by accidental or natural causes."
There is a website, DiedInHouse.com, that purports to find out if someone died in a house (and if it was ever a meth lab, which to me is more worrisome). It's $12 a search, so if it's something that you are very worried about, this might be a resource to try out.
The problem is that you can disclose only what you know first hand. My house is 90 years old - say, for instance, someone committed suicide or was murdered here in 1933 or 1944. I don't know anything about it, so I can't disclose it.
So perhaps your wife would be happiest with new construction.
Quote:
Originally Posted by Taluffen
Unless that building is freshly built and they cut the red ribbon themselves there is no guarantee a tragic death didn't occur in it. People die in all sorts of places, old and new.
Except even with new construction, what about the land it's sitting on? If someone is that concerned about there not being any death associated with the property, doesn't the death also count if someone died on the land the house is built on before the house was built?
What about if someone was murdered on the site the house sits on 100 or 1,000 years ago? What if two tribes of native peoples had a fierce battle at that site 500 years ago and many of them died there? What about if the farmer who used to farm that land was killed in a farming accident on that spot 10 years ago? What about if the roofer putting the shingles on the new house died falling off the roof during construction of the house? What about if the plumber or electrician had a heart attack and died in the house during construction? What about if the house is on a site that used to have a hospital where thousands of people died over the years it was there, many of them from unnatural causes. None of these things would be required to be disclosed to the buyer, but every one of them would technically be an unnatural death at the house.
There is really no way to avoid death when it comes to real estate. No matter where you buy and which house you choose, there will never be a 100% guarantee that someone didn't die an unnatural death at that property.
Legally, it varies by state. In Texas, we are not required to disclose a death in a property unless it was caused by the property - that is to say, a dangerous condition of the property that caused the death (oddly built stairs, say, or something wrong with the gas or electric systems, something of that nature). We are not allowed to disclose death by AIDS.
However, I do advise if there's been a death in the house that they disclose it, because the neighbors are certainly going to!
So you're not required to disclose it but what if the prospective buyer asks about any unnatural deaths?
Except even with new construction, what about the land it's sitting on? If someone is that concerned about there not being any death associated with the property, doesn't the death also count if someone died on the land the house is built on before the house was built?
What about if someone was murdered on the site the house sits on 100 or 1,000 years ago? What if two tribes of native peoples had a fierce battle at that site 500 years ago and many of them died there? What about if the farmer who used to farm that land was killed in a farming accident on that spot 10 years ago? What about if the roofer putting the shingles on the new house died falling off the roof during construction of the house? What about if the plumber or electrician had a heart attack and died in the house during construction? What about if the house is on a site that used to have a hospital where thousands of people died over the years it was there, many of them from unnatural causes. None of these things would be required to be disclosed to the buyer, but every one of them would technically be an unnatural death at the house.
There is really no way to avoid death when it comes to real estate. No matter where you buy and which house you choose, there will never be a 100% guarantee that someone didn't die an unnatural death at that property.
In many parts of Asia, usually after a haunted house is demolished, the new owner will spend some extra money to hire priests of the religion that he believes in (or the predominant one in that community), i.e. Buddhist monks, to perform a ritual to cleanse all the spirits and negative energy on the site. After the site is completely "clean", then a new building can be constructed.
Such ritual is not only demanded by the locals. Most of the time even if the new owner is a big U.S. Corporation, the CEO will follow suit and ask for the same blessing to be performed.
Here in Hawaii, it is very common before any big project breaks ground, or after demolition of old house and prior to new construction, a Kahu (Hawaiian priest) is hired to perform similar blessing. In case of government projects, many high ranking elected officials, including White and Asian background, attend the ritual too.
Hopefully no one ever mentions it to them. If they do know, then they didn't care enough to not buy the house. If they don't know, ignorance is bliss.
This knowledge wouldn't keep me from buying the house, but I would probably think about it every time I went into the basement so I would rather just not have that to think about.
I would never mention it to them as I would not appreciate knowing ,like you said ignorance is bliss.
But it is interesting that every time I have driven by in the 10 years we've lived here to me that's the "gruesome suicide" house, yet they have no clue.
If this was the way it worked in Los Angeles people would be lining up around the block for murder houses with skyrocketing cost of real estate here
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